Do you have a FTCA?

Federal Tort Claims Act, also known as FTCA, is when someone is injured on government property or by an individual, such as a medical professional working for a government establishment.  But it doesn’t stop there…

What Does Tort Mean?

A civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.

Examples of Federal Tort Claims:

• Medical Malpractice involving a Veterans Administration doctor
• Slip and falls on government property (i.e. post office)
• Motor-vehicle accident with a FBI agent
• Medical Malpractice involving Native American Facilities and or their doctors

Sounds pretty simple, doesn’t it? You got injured, now you think you have a case. Unfortunately, cases like these are not so cut and dry.

Is your claim permitted?

The following guidelines for deciding whether or not your claim is permitted is not limited to this list. You should confirm with an attorney or federal agency.

• Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government (unless they are treated like employees).
• The negligent or wrongful conduct must have been done within the scope of the defendant’s employment.
• In general, only claims of negligence — as opposed to intentional misconduct — are allowed (though some claims for intentional misconduct can be brought against certain federal law enforcement officers).
• The claim must be based on -and permitted by – the law of the state in which the misconduct occurred.

The process

• You must file within two years of the injury and or accident with the appropriate agency.
• It is suggested you include facts and damages in your claim.
• The agency you send your claim to has six months to respond.
• After that, you have six months to file a lawsuit.
• You don’t have to sue until the agency rules on your claim.

What’s the easy way to prepare your claim?

Obtain a copy of a Standard Form 95 or SF 95, which can be found here. You can also request a copy through the federal agency to which you’re submitting your claim.

• Call us, Smolen Law, at 918-777-4529
• Live Chat with an individual in the bottom right corner of your screen
• Connect with us on Facebook
• Stop by our office

If you choose to file a Federal Government Tort Claim, keep in mind it’s a LONG process. You are welcome to file on your own, or call an attorney for a consultation; which could open the door for you to have extra help in this venture.

We encourage you to do your research, know your claim, and be patient.